First came the divorce and all the costs of setting up a new home, suporting my ex for a while (I'm a good guy, really), paying for the kids.... The bank came to the rescue, great! Then came unemployment. I contacted all creditors and explained the situation, Most were willing to suspend interest and accept token payments, except my bank who refused outright to reduce the interest and suggested a reduced repayment that was quite clearly not within my means based on the information I had given them which could be easily verified.
Realising that if the regular loan repayment went out of my current account there would not be enough left to live on I tried to stop the standing order. Impossible. The bank continued to make transfers from my current account to the loan account for several months.
My question - is this legal? In effect transferring the debt from a low interest loan account to the punitive interest rates of an now overdrawn current account when they had been advised of the situtation? Why should they be able to pay themselves when, had the standing order been to anyone else, they would have to stop it on my instructions?
Isn't there a legal requiremet for the bank to minimise its loss resulting from the breach of contract and have they failed to do this? Not to mention their obligations under the Banking Code.
The annoying and quite alarming thing is that until the matter was passed to a collection agancy I didn't seem to be talking to anyone who was listening or able to make a decision - just call centre staff reading instructions from the screen. Even then I didn't get to talk to the real decision makers.
Of course as the loan repayments continued to be taken there was not enough to pay the direct debits... And the PPI on the loan didn't apply to me even though I had been charged for it in full at day one (not made clear).
I'm about to settle the debt but no more than I have to. Advice would be appreciated.
Thanks.